It's a typical Microsoft tactic to draw things out as much as possible, and in a way it's working because E.C.I.S. is so busy working on the appeal that it hasn't had time to submit a fresh complaint against Microsoft.

Microsoft has not given up its exclusionary policies...Indeed any settlement in fact validates the Commission's case. Since the Commission is not bound by any private settlement, ECIS therefore urges the Commission to vigorously defend its 2004 Decision.

This has crucial implications for Linux on desktops.

The meaningfulness of the 2004 ruling is at stake here. So far no one has bought a license to see Microsoft's technical documentation. There is a danger that this side of the case could be rendered meaningless.

Leaving aside the copyright issue, the source code is simply not needed.

There's a striking similarity between Microsoft's efforts to evade compliance with the European decision and its failure to properly comply with the U.S. settlement.